Appeals Granted
Case
BARBARA BEACH v. JAY TURIM, TRUSTEE, THE TURIM FAMILY TRUST DATED AUGUST 31, 2005, ET AL.(Record Number 130682)
From
The Circuit Court of the City of Alexandria; Lisa B. Kemler, Judge.Counsel
Monica Taylor Monday and Michael J. Finney (Gentry Locke Rakes & Moore, LLP) and H.M. "Lynn" Primo for appellant.Michael J. Coughlin and Michael Kalish (Walsh, Colucci, Lubeley, Emrich & Walsh, P.C.) for appellees.
Assignments of Error
- THE TRIAL COURT ERRED IN RULING THAT THE PLAINTIFFS ARE THE BENEFICIARIES OF AN EXPRESS EASEMENT OVER A 4 FOOT PRIVATE WALK THAT ABUTS THEIR PROPERTY WHERE THE SUBDIVISION PLAT AND DEED DID NOT CONVEY AN EASEMENT FOR THEIR BENEFIT.
- THE TRIAL COURT ERRED IN RELYING ON RYDER v. PETREA, 243 VA. 421 (1992) AND LINDSAY v. JAMES, 188 VA. 646 (1949), WHICH ARE INAPPLICABLE AND DISTINGUISHABLE.
- THE TRIAL COURT ERRED IN ORDERING INJUNCTIVE RELIEF THAT WOULD BE ILLEGAL; BEACH'S COMPLIANCE WITH THE COURT-ORDERED INJUNCTION TO RESTORE THE STEPS WOULD VIOLATE THE CITY OF ALEXANDRIA'S ZONING CODE, WOULD NOT BE FEASIBLE AND WOULD BE DISPROPORTIONATELY HARMFUL TO BEACH.
- THE TRIAL COURT LACKED AUTHORITY AND JURISDICTION TO ADJUDICATE THE RIGHTS OF OTHER PROPERTY OWNERS (INCLUDING THOSE ON LOTS 1-6, 507, 508, AND 511), WHO WERE NOT JOINED IN THIS CASE.
Date Granted
09-25-2013
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